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Supreme Court of |
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In the matter of review of amendments to SCR 20:1.15 Safekeeping Property; SCR 20:1.0
Definitions; SCR 21:16 Discipline; and SCR 12.04 |
AMENDED
FILED NOV 12, 2009 David R. Schanker Clerk of Supreme Court |
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On May
22, 2006, the Office of Lawyer Regulation and the State Bar of Wisconsin filed
a joint petition proposing certain modifications to the "trust account
rule," SCR 20:1.15, together with related amendments to SCR 20:1.0 that
added definitions for advanced fees,
flat fees, and retainers, SCR 21.16 (Discipline) and SCR 12.04 (Wisconsin
Lawyers' Fund for Client Protection). The supreme court held a public hearing
on the petition on January 17, 2007. At
the ensuing administrative conferences, the court discussed the matter and
voted 6:1 to adopt the petition, as amended, and to review the rule amendments
in three years. Justice Bradley
dissented from that portion of the petition permitting alternative protection
for advanced fees, SCR 20:1.15(b)(4m).
The effective date of these amendments was July 1, 2007. A copy of the court's order dated May 2,
2007, is available on the Web site of the Wisconsin Supreme Court under
http://wicourts.gov/supreme/sc_hearing_rules.jsp.
IT IS ORDERED that on Wednesday, February 24, 2010, at
9:30 a.m., in the Supreme Court Room in the State Capitol,
The court notes that it extensively amended SCR 20:1.15 in its order dated July 1, 2009, on petition 08-03, In re the matter of amendments to SCR 20:1.15, IOLTA Trust Accounts, relating to interest paid on IOLTA accounts. These amendments are not the subject of the review at the February 24, 2010, administrative conference.
IT IS FURTHER ORDERED that all comments
on the 2007 rule amendments should be submitted in writing. Any interested persons may file with the
court any written comments on the rule amendments, preferably no later than
February 5, 2010.
IT IS FURTHER ORDERED that notice of the administrative conference be given by publication of a copy of this order in the official state newspaper once each week for three consecutive weeks and in an official publication of the State Bar of Wisconsin not more than 60 days nor less than 30 days before the date of the hearing.[1]
Dated at
BY THE COURT:
David R. Schanker
Clerk of Supreme Court
[1] Notice of the open administrative conference will appear in the December 2009 Wisconsin Lawyer, the official publication of the State Bar of Wisconsin, approximately 71 days prior to the hearing rather than the required maximum of 60 days, due to the State Bar's publication schedule. Pursuant to its rule-making authority under Wis. Stat. § 751.12 and its Internal Operating Procedures, the court exercises its discretion to allow this unavoidable deviation from the requirements.